Description: Challenge to city’s negative declaration concerning planned residential development.
Consolidated Irrigation District v. Superior Court of Fresno County
Filing Date Type File Action Taken Summary 05/23/2012 Order Download Order issued modifying opinion and denying rehearing. 04/26/2012 Opinion Download Opinion issued. Subsequently, the district moved for leave to conduct limited discovery and to augment the administrative record. The trial court denied the motion. On appeal, the appellate court reversed, holding that the record should have been augmented to include, among other things, the 2007 Intergovernmental Panel on Climate Change, Fourth Assessment Report.
Consolidated Irrigation District v. City of Selma
Filing Date Type File Action Taken Summary 02/08/2012 Opinion Download Opinion issued. An irrigation district in California petitioned for a writ of mandate challenging the City of Selma’s use of a negative declaration under CEQA in approving a 160-unit, 44-acre residential development. The trial court granted the petition, holding among other things that the evidence presented supported a fair argument that the proposed development may have a significant effect on the environment. In particular, the court held that the negative declaration did not adequately address greenhouse gas emissions from the project. On appeal, the appellate court affirmed, holding that the irrigation district had standing to maintain the action and that the evidence in the record should not have been discounted by the city absent a credibility determination.